20061900 Ver 1_Approval Letter_20070112

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 12, 2007
DWQ EXP No. 06-1900
Wake County
Pearl Creek Partners
Attn: Mr. William Hardin
5201 William & Mary Drive
Raleigh, NC 27614
Subject Property: Pearl Creek Subdivision
UT to Big Branch [030402, 27-34-11, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Hardin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 17,180 square feet (ftZ) of Zone 1 of the protected riparian buffers, 9,108
square feet (ftz) of Zone 2 of the protected riparian buffers, 310 linear feet of stream, and 0.124 acres of
wetland for the purpose of constructing the residential subdivision, as described within your Pre-
construction Notification Application dated December 21, 2006 and additional information received on
January 3, 2007 and January 10, 2007. The impacts are covered by General Water Quality Certification
Number(s) 3374 (GC3374) and 3402 (GC3402). The Certification(s) allow you to use Nationwide
Permit(s) NW 12 and NW39 when issued by the US Army Corps of Engineers (USAGE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
Water Quality Certifications (GC 3402 and GC3374) and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
None Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Pearl Creek Partners
Page 2 of 4
January 12, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
Im act T e Amount (Units) Miti anon Re erence
404 Wetland 0.124 acres 0.248 ac. PCN a e 4 of 10
Stream ( erm) 289 (linear feet) 578 linear feet PCN a e 4 of 10
Stream (tem) 21 (linear feet) N/A PCN a e 4 of 10
Buffers Zone 1 17,180 SF N/A PCN a e 8 & 9 of 10
Buffers Zone 2 9,108 (SF) N/A PCN a e 8 & 9 of 10
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion.control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources has released the project.
Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B .0233 and GC 3402.
6. Diffuse Flow Measures Approved

Pearl Creek Partners
Page 3 of 4
January 12, 2007
The diffuse flow measures (level spreader designs submitted on December 27, 2006) must be
implemented and the stormwater management facilities shall be constructed and operational
before any permanent building is occupied at the subject site. The structural stormwater practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of WaterlQuality.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and riparian buffers in order to assure compliance for future wetland, water and riparian
buffer impact. These-mechanisms shall be put in place prior to impacting any wetlands,
waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate.
Impervious Surface Threshold Under GC 3402 and Deed Restrictions -The PCN Application
denotes an impervious surface area of 29.69% for the single-family development plans. You shall
be required to denote on each subdivision plat the following notation: "IMPERVIOUS AREA
FOR ALL RESIDENTIAL LOTS APPROVED FOR DEVELOPMENT IN PEARL CREEK
SUBDIVISION SHALL NOT EXCEED 1,182,500 SQUARE FEET (27.15 ACRES) IN THE
AGGREGATE OR 2,500 SQUARE FEET PER LOT."
The impervious area of Pearl Creek Subdivision streets, sidewalks, recreation building, parking,
sports court, and pool;area should not exceed 18.907 acres. This restriction contained herein shall
be binding upon the owner's successors and assigns, and shall be perpetual and run with the land
until released or amended by a release or amendment approved by the North Carolina Division of
Water Quality.
These documents shall be filed with the Register of Deeds, Wake County, North Carolina. Pearl
Creek Partners, LLC shall submit copies of these documents to the Division of Water Quality
before any impacts to'protected riparian buffers, wetlands, or waters shall occur.
DWQ would like to remind you that if a compliance inspection reveals an impervious surface
area of 30% or greater, then Pearl Creek Partners, LLC will be in violation of this Condition and
required to comply with the requirements of Condition 4 in GC 3402.
Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm.
9. Written Stormwater Management Plan
The final, written stormwater management plans (including the signed and notarized Operation
and Maintenance Agreements) dated January 2, 2007, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well

Pearl Creek Partners
Page 4 of 4
January 12, 2007
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.: The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786.
AWK/cvdw/lem
Enclosures: GC 3402
GC 3374
Certificate of Completion
Sincerely,
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Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Debbie Edwards, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh, NC 27614